LAWS(CAL)-2017-12-72

SK SIRAJUL ISLAM Vs. STATE OF WEST BENGAL

Decided On December 07, 2017
Sk Sirajul Islam Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The appeal is directed against judgement and order dated 14.6.2007 passed by learned Additional Sessions Judge, 1st Court, Hooghly in Sessions Case No.157 of 2004 arising out of Sessions Trial No.6 of 2005 convicting the appellant for commission of offence punishable under Sections 363/366A/376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for five years and to pay a fine of Rs.3,000/-, in default, to suffer simple imprisonment for a further period of two months more for the offence punishable under Section 363 of the Indian Penal Code, to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5,000/-, in default, to suffer further simple imprisonment for three months more for the offence punishable under Section 366A of the Indian Penal Code and to suffer rigorous imprisonment for ten years and to pay a fine of Rs.7,500/-, in default, to suffer further simple imprisonment for six months more for the offence punishable under Section 376 of the Indian Penal Code, all the sentences to run concurrently.

(2.) The prosecution case, as alleged against the appellant is to the effect that the minor victim, who was the stepdaughter of P.W.1, Gorachand Murmu, was kidnapped on 12.1.2002 from her residence by the appellant and was taken to Mumbai and subjected to rape by the appellant and others on a number of occasions. The victim tried to contact her parents but failed and finally on 25.1.2002 she somehow managed to escape from the brothel and returned home. She narrated the incident to her father who lodged complaint resulting in Pandua P.S. Case No. 12 dated 26.1.2002 under Sections 363/366A of the Indian Penal Code. The statement of the victim was recorded under Section 164 Cr.P.C. and thereafter Section 376 of the Indian Penal Code was added.

(3.) In conclusion of investigation charge sheet was filed against the appellant under Sections 363/366A/376 of the Indian Penal Code. The case was committed to the Court of Sessions and charge was framed against the appellant under Sections 363/366A/376(2)(g) of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried.